Warrants and oaths.
Hollywood and the internet lie to you.
I’m sure this is going to come as a massive surprise to a whole bunch of folks, but Hollywood and the internet have given some people wrong ideas about some everyday activities.
When it comes to arrests warrants aren’t always required. In Texas law1, a “peace officer or any other person2” can arrest an offender if said offender commits a felony or breach of the peace within the view of the person. Under the same title and chapter, a Texas peace officer has an additional laundry list of crimes and circumstances where an arrest without warrant may be conducted.
And that doesn’t even cover the list of actions that aren’t technically “arrests”, but might as well be. The Texas Code of Criminal Procedure states that thieves “may be seized3” by any person. While getting “seized” isn’t listed as an arrest, the person getting “seized” can’t usually tell the difference.
On top of that, if there is a valid warrant — or other court order authorizing the arrest of someone — it isn’t required to have that warrant in your sweaty paw when you grab the offender. You verify the warrant/court order with the issuing authority and go. The warrant/court order will be picked up after the offender is booked into custody.
Finally, even if the arresting officer or agent has a warrant/order authorizing the arrest of the offender — said officer/agent does not have to show that warrant/order to a third party. Matter of fact, given the personal information listed on a lot of warrants/orders, the officer/agent may not be allowed to show that warrant/order to a third party, period.
You, on video in a spittle-flecked rage, demanding that ICE agents show you the warrant … no. And you look like a moron.
Why do I keep adding “court order” in this explanation? Simple — an arrest warrant is not the only instrument that authorizes an arrest. In the current brouhaha, for example instruments that authorize arrest include — but are not limited to: Removal Orders, Orders of Deportation, Orders of Exclusion, and a laundry list of others.
Like it or not this is the law of the land. If you don’t like the law, then bloody well elect representatives that will change it4.
Also — if you’re on video, screaming at the National Guard to “Remember your oath to serve and protect!” …
… you should be horsewhipped around the courthouse square, for the crime of Misdemeanor Stupidity. At least5.
The “oath” these morons are misrepresenting is found in Title 10 of the US Code, paragraph 502, to wit:
“I, __________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.”
Do you sodding well see the words “serve and protect” in there anywhere?
“Oh, Ian,” I hear you snivel, “Peace officers, peace officer functions, blurb blurb, blurb.”
Ah. Do tell? For Texas Peace Officers, the only official oath is found in the Texas Constitution, Article 16, Section 1, to wit:
"I, _______________________, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of ___________________ of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God."
Huh. Not seeing the words “serve and protect” there anywhere.
Ah, well. Surely California, that bastion of squishy, has their peace officers swear to “serve and protect”, right? According to a microsecond Google search … not so much.
Constitution of the State of California, Article 20, Section 3, to wit:
“I, ___________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.
“And I do further swear (or affirm) that I do not advocate, nor am I a member of any party or organization, political or otherwise, that now advocates the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means; that within the five years immediately preceding the taking of this oath (or affirmation) I have not been a member of any party or organization, political or otherwise, that advocated the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means except as follows:
_____ (If no affiliations, write in the words “No Exceptions”) _____
and that during such time as I hold the office of _____ (name of office) _____
I will not advocate nor become a member of any party or organization, political or otherwise, that advocates the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means.”
Little more involved than the Texas one, but … still no oath to “serve and protect”.
Stop believing Hollywood fantasy, internet bushwa, and your girlfriend’s brother’s buddy with the uncle who pinky swears that there are magical incantations that will get the cops to all of sudden do what you want them to.
Otherwise you show up on YubTub videos, looking an absolute oik, and making me perform a Migraine Salute before I have coffee.
Schmucks.
Ian
Texas Code of Criminal Procedure, Title 1, Chapter 14 — titled, catchily enough: “Arrest Without Warrant”.
The infamous “citizen’s arrest”. Don’t do this.
Texas CCP 18.16, titled “PREVENTING CONSEQUENCES OF THEFT”.
Being all kittenish and stupid in public because you don’t like the consequences of legally enacted laws just tells me that your idiot butt needs to go sit at the children’s table, eat your mac and cheese, and let the adults sort things out.
I’m here to tell you — there is no more damning indictment on the state of American education in general, and the bloody Department of Education specifically, than to watch political videos on YubTub. Bloody damnation.
I would note that the order of what you're swearing to "support and defend" and bear "true faith and allegiance to" is the same in every state, and was established after the Civil War to emphasize the supremacy of the US Constitution over the state.
Preach it, brother Fox! Oh, and note "support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and DOMESTIC". That means the boobs that keep interfering.